Texas 2021 - 87th Regular

Texas House Bill HB3200 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7846 SGM-D
2	2	By: Jetton H.B. No. 3200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures following the rejection of a ballot
8	8	voted by mail.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 84.011(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) The officially prescribed application form for an early
13	13	voting ballot must include:
14	14	(1) immediately preceding the signature space the
15	15	statement: "I certify that the information given in this
16	16	application is true, and I understand that giving false information
17	17	in this application is a crime.";
18	18	(2) a statement informing the applicant of the
19	19	offenses prescribed by Sections 84.003 and 84.004;
20	20	(3) spaces for entering an applicant's voter
21	21	registration number and county election precinct of registration,
22	22	with a statement informing the applicant that failure to furnish
23	23	that information does not invalidate the application; and
24	24	(4) on an application for a ballot to be voted by mail:
25	25	(A) a space for an applicant applying on the
26	26	ground of absence from the county of residence to indicate the date
27	27	on or after which the applicant can receive mail at the address
28	28	outside the county;
29	29	(B) a space for indicating the fact that an
30	30	applicant whose application is signed by a witness cannot make the
31	31	applicant's mark and a space for indicating the relationship or
32	32	lack of relationship of the witness to the applicant;
33	33	(C) a space for entering an applicant's telephone
34	34	number and e-mail address, with a statement informing the applicant
35	35	that failure to furnish that information does not invalidate the
36	36	application;
37	37	(D) a space or box for an applicant applying on
38	38	the ground of age or disability to indicate that the address to
39	39	which the ballot is to be mailed is the address of a facility or
40	40	relative described by Section 84.002(a)(3), if applicable;
41	41	(E) a space or box for an applicant applying on
42	42	the ground of confinement in jail to indicate that the address to
43	43	which the ballot is to be mailed is the address of a relative
44	44	described by Section 84.002(a)(4), if applicable;
45	45	(F) a space for an applicant applying on the
46	46	ground of age or disability to indicate if the application is an
47	47	application under Section 86.0015;
48	48	(G) spaces for entering the signature, printed
49	49	name, and residence address of any person assisting the applicant;
50	50	(H) a statement informing the applicant of the
51	51	condition prescribed by Section 81.005; [and]
52	52	(I) a statement informing the applicant of the
53	53	requirement prescribed by Section 86.003(c); and
54	54	(J) a space for the voter to indicate the voter's
55	55	preferred contact method.
56	56	SECTION 2. Section 87.027, Election Code, is amended by
57	57	adding Subsection (i-1) to read as follows:
58	58	(i-1) A person serving on the signature verification
59	59	committee may not correct a rejected ballot or return it to the
60	60	voter.
61	61	SECTION 3. Section 87.043, Election Code, is amended by
62	62	adding Subsection (e) to read as follows:
63	63	(e) A person serving on the early voting ballot board may
64	64	not correct a rejected ballot or return it to the voter.
65	65	SECTION 4. Section 87.0431, Election Code, is amended by
66	66	amending Subsection (a) and adding Subsections (a-1), (a-2), and
67	67	(d) to read as follows:
68	68	(a) Not later than 24 hours after a ballot is rejected, [the
69	69	10th day after election day,] the presiding judge of the early
70	70	voting ballot board shall:
71	71	(1) notify the voter of the rejection of the voter's
72	72	ballot using the voter's preferred contact method; and
73	73	(2) inform the voter that, time permitting, the voter
74	74	may:
75	75	(A) request new balloting materials; or
76	76	(B) vote by personal appearance.
77	77	(a-1) In addition to the notice provided under Subsection
78	78	(a), the early voting ballot board shall deliver written notice of
79	79	the reason for the rejection of a ballot to the voter at the
80	80	residence address on the ballot application. If the ballot was
81	81	transmitted to the voter by e-mail under Subchapter C, Chapter 101,
82	82	the presiding judge shall also provide the notice to the e-mail
83	83	address to which the ballot was sent.
84	84	(a-2) The presiding judge of the board shall coordinate with
85	85	the early voting clerk to provide new balloting materials by mail to
86	86	a voter who makes a request under Subsection (a)(2)(A), except if
87	87	the ballot was transmitted to the voter by e-mail under Subchapter
88	88	C, Chapter 101, the presiding judge shall provide the balloting
89	89	materials by e-mail. This subsection does not apply if the
90	90	presiding judge determines that the voter will not have sufficient
91	91	time to return the new balloting materials before the deadline
92	92	prescribed by Section 86.007.
93	93	(d) Subsection (a) applies to an early voting ballot voted
94	94	by mail:
95	95	(1) for which the voter did not sign the carrier
96	96	envelope certificate;
97	97	(2) for which it cannot immediately be determined
98	98	whether the signature on the carrier envelope certificate is that
99	99	of the voter;
100	100	(3) missing any required statement of residence; or
101	101	(4) containing incomplete information with respect to
102	102	a witness.
103	103	SECTION 5. This Act takes effect September 1, 2021.